Loading...
HomeMy WebLinkAboutCL 18-02 002 REPORT TO COUNCIL FROM: Bruce Taylor, AMCT, CMM City Clerk DATE: May 22, 2002 - REPORT NUMBER: CL 18-02 SUBJECT: Election ofthe Regional Chair RECOMMENDATION: 1. That the letter iÌ'om the Clerk of the Regional Municipality of Durham advising of the resolution passed by the Regional Council on May 8, 2002 to receive the Report ofthe Ad Hoc Committee on the Election of the Regional Chair and forward it to the area municipalities for comment be received. 2. That the Council of the City of Pickering hereby advises the Council of the Region of Durham that it supports Option (1,2 or 3) and Procedural Option (i, ii, ill or iv). ORIGIN: Resolution of the Regional Council passed on May 8, 2002 respecting input iÌ'om the area municipalities on the election ofthe Regional Chair -. AUTHORITY: Regional Municipalities Act and the new Municipal Act FINANCIAL IMPLICATIONS: Not applicable EXECUTIVE SUMMARY: The Regional Council has received a report iÌ'om the Region-appointed Ad Hoc Committee on the Election of the Regional Chair that sets out options respecting the election of the Regional Chair. The Regional Council has asked for the response and comments of the area municipalities by June 18, 2002 on this issue. - BACKGROUND: Please find attached to this Report a letter ftom the Clerk of the Regional Municipality of Durham advising that the Regional Council passed a resolution on May 8, 2002 to receive a report of the Region-appointed Ad Hoc Committee on the Election of the Regional Chair and requesting a response and comments ftom the area municipalities with respect to options for the election of the Regional Chair as set out in the report. Report to Council CL 18-02 Date: May 22, 2002 0 0 3 Subject: Election of the Regional Chair Page 2 Also attached is a copy of the Report of the Ad Hoc Committee on the Election of the Regional Chair. The following options have been suggested by the Ad Hoc Committee with respect to the election of the Regional Chair: - Option 1: The appointment of the Regional Chair by the members of Regional Council with the position open to all electors of the Region of Durham. (Should the Chair selected be a member of a lower tier municipality, he/she would resign.) Option 2: The appointment of the Regional Chair by members of Regional council with the position open only to the members of the Regional Council. (The member would retain their elected position as well as that of Regional Chair.) Option 3: The Regional Chair be elected by the voters of the Region of Durham. In order to implement the above options, the following Procedural Options must also be considered: Procedural Option (i): The appointment of the Regional Chair by the members of Regional Council at the end of the term of Council. (This would apply only to Option 1) Procedural Option (ii): Voting should be weighted to reflect assessment. (This would apply only to Options 1 and 2) -- Procedural Option (ill): The appointment of the Regional Chair be conducted by secret ballot. (This would apply only to Options 1 and 2) Procedural Option (iv): The eight Local Municipalities be requested to include a question on the ballots for the 2003 municipal election regarding the direct election of the Regional Chair. (This could apply to all Options) ATTACHMENTS: 1. Letter iÌ'om Regional Clerk dated May 9, 2002 Prepared ]y::7 .;/;/ /< // ./ // /:¿;/ /'ß'/ / / / / ' ,. !£ruce Taylor, City Clerk ~- - Attachments Recommended for the consideration of Pickering City Council " l' ~. " ') f.ì [1 C" - " he Regional. Municipality of Durham Clerk's Department BOX 623 605 ROSSLAND ROAD E.. WHITBY ON ~L1N 6A3 CANADA (905) 668-7711 1-800-372-1102 Fax: (905) 668-9963 E-mail: clerks@region.durham:on.ca . www.region.durh¡:¡m.on.ca Pat M. Madill, A.M.C.T., CMM I Regional Clerk """",: "SERVICE ßXCELLENCE for our COMMJJNITY" - . . . A î- . ATTACHMENT#LTOREPORTn.éc- I~- 0 THIS LETTERWAS FORWARDED TO ALL MUNICIPAL CLERKS. , May 9, 2002 RE(~EgVl;;D CITY OF PICKEHiNG t\i'it\Y 1 () 2002 CLERK'S DIViS'ON Mr. B. Taylor Clerk CitYOf Pickering fTheEsplanade ... . Pi,ckeri~g ON L 1V.6K7 . RE: ELECTION OF THE REGIONAL CHAIR (#2002-CQW-1) . lOur FUe: CO8;.()Q}. .... Mr. Taylor, the Committee of the Whole of Regional Council considøred.the above matter and at a mëeting'held.on.May 8, 2002, Council ad9pted the .following recommendations of the Commrttee:. . "a}.. . THAT Report#2002'-COW-1 of the Ad Hoc Committee on the Election ofthe Regional Chair be received; and . b) . THAT Report #2002-COW-t of the Ad Hoc Committee on the .Election of the Regional Chair be forwarded tothe eight Area.Municipalities for review of Options 1 to 3 and . Pro.ceduràlOptions i) to iv), as contained in the Report, with . a response and comments back to the Region of Durham by June 18,2002." Inparticular, please pay attention to part b) of the recommendation where it states that a response and comments are to be back to the . Region of Durham.by June 18, 2002. . . . Enclosed, .as directed, is a copy of Report #2002-COW-1 from the Hoc Committee on the Election of the Regional Chair. . . (LL.. .M; Madill" AM.C.T., CMM I . Regional Clerk. PMM/sc c: . G.H~ Cubitt. Chief Administrativë Officer. H,J. Roy, Regional Solicitor <Ð . 100% Post Consumer ATTACHMENT#-L TO REPORT # C L I~-ú~ -.". The Regional Municipality of Durham To: Council in Committee of the Whole From: Ad Hoc Committee on the Election of the Regional Chair Report No.: 2002-COW-1 Date: May 8, 2002 ()f)r'" " ;) C:- Subject: ELECTION OF THE REGIONAL CHAIR - Recommendation: THAT the Ad, Hoc Committee on the Election of the Regional Chair recommend to Council in Committee of the Whole: . a) THAT the Report of the Ad Hoc Committee on the Election of the Regional Chair be received; and b) THAT the Report of the Ad Hoc Committee on the Election of the RE?gional Chair be forwarded to the eight area municipalities for review of Options 1 to 3 and Procedural Options i) to iv), as contained in the Report, with a response and comments back to the Region of Durham by June 18, 2002. t, Report: INTRODUCTION 1.0 ~ At the Regional Council meeting of March 6, 2002, the following resolution was referred to an Ad Hoc Committee on the Election of the Regional Chair: "WHEREAS the Region o( Durham was created in 1974 by the Government of Ontario; and . WHEREAS when the Region of Durham Act* was passed it set in place a system of appointment for the Regional Chair by the elected Council; and WHEREAS there has been tremendous population growth within the Region of Durham since the time of its inception; and WHEREAS the Region of Durham is now responsible for the expenditures. of over $600,000,000 annually; and WHEREAS ô!her jurisdictions that have been regionalized have moved to ( 1 - Report No.: 2002-COW-1 ATTACHMENT#-Lro REPORT # ¿"L (8-0"1..- . --- Page No.2 0.06 (. a system of direct election of the Regional Chair by the voters; and WHEREAS the voters of Durham Region should be entitled to vote for the very important position of Regional Chair; . . . NOW THEREFORE BE IT RESOLVED that the Council of the Region of Durham requests the Province of Ontario amend the Reqion of Durham Act* to provide for direct election of Regional Chair by the electors of Durham Region effective for the 2003 municipal election; -- AND the Regional Clerk be authorized to work with the Clerks of the lower tier municipalities to develop procedures to carry out the direct election of the Regional Chair by the people of Durham." . REFERRED TO AN AD HOC COMMITTEE (See Following Motion) The following referral motion was passed: -- d) e) *NOTE: (,' - "a) THAT the foregoing motion (129) of Councillors Gray and Trim be referred to a committee comprised of Councillors Mutton, Clayton, Gray, Drumm, Parish, HoJiand. Para and Moffatt; and b) THAT the mandate of this committee shall be to prepare a report that shall review various options on the selection of the Regional Chair and its role; and c) THAT the draft report outlining options prepared by this committee be forwarded to all Area Municipalities for consideration and comment; and THAT the committee as appointed report back to the Committee of the Whole at which'time an opportunity will be provided for the purpose of receivin'g written submissions from the public as well as delegations on this matter; and . THAT this matter be reported back to Council through Gommittee of the Whole at the first Council meèting in June, 2002." The above resolution references the Region of Durham Act. The Act that reflects the election of the Regional Chair is the Regional Municipalities Act. . 2 Report No.: 2002-COW-1 ATTACHI'1ENT#-LroREPoRT# c¿ /8'- ð~ - Page No.3 00,7. .f 2.0 BACKGROUND --. The issue of the election of the Regional Chair has been previously considered by Regional Council. In December 1998, Council had for its consideration Joint Report #98-J.26 regarding the Direct. Election of the Regional Chair. It was recommended to Council by the Finance and Administration Committee of 1998, that the status quo be retained for the election of the Regional Chair, However, that recommendation was defeated. Council subsequently passed a resolution reflecting that the current Chair be re-elected and/or elected from among Council. Based on the decision of Regional Council, the Province was requested to amend the legislation to reflect the action taken by Regional Council. The Ministry of Municipal Affairs and Housing responded advising that, in their view, an amendment to the legislation (the Regional Municipalities Act) was not required. The issue on the election of the Regional Chair could be addressed through Council policy and therefore did not require a change in the legislation. The resolution remains today as an expression of the.wish of that Council (the Council of 1998). . DISCUSSION BY THE AD HOC COMMITTEE 3.0 At the meeting of the Ad Hoc Committee held on March 27, 2002, it was determined that assistance from the Regional Clerk and the Regional Solicitor should be obtained for the purpose of acting in an advisory capacity to the Committee. Furthermore, as requested by the Committee, the Regional Solicitor has summarized the legislative provisions relating to the election of, and role of, the Regional Chair contained in the Regional Municipalities Act, as amended (the "Existing Act"), and Bill 111, An Act to revise the Municipal Act and to amend or repeal otherActs in relation to municipalities (the "New Act"). ( '" - The Existing Act prescribes the method for electing a Regional Chair. The New Act does not alter existing methods, but rather preserves status quo practices of electing Regional Chairs. Despite the preservation of the status quo, the New Act specifically contemplates that a Regional Council may seek to change the "composition of council", including the method of selecting the Chair. However, the New Act sets out a number of rules that must be complied with, and a specific process that must be adhered to, in order for a regional municipality to change the composition of council. ( "- '..-.... 3 - Report No.: 2002-CQW-1 ~ Page No.4 LOO8 3.1.0 The Existing Act ATTACHMENT#~~ TO REPORT # ¿¿ (S-Ôl- -- 3.1.1 Election of the Regional Chair The Existing Act provides that a member of a Regional Council or any other pèrson (subject to the exceptions below) may.be elected by Regional Council to preside as Chair of said council. Where a member of an area council is elected as Chair of the Regional Council, he or she is deemed to have resigned as a member of the area council. - Section 9(4) of the. Existing Act prohibits specific persons fro,m holding the office of chair by incorporating specific provisions in the Municipal Act into the Existing Act. The following persons .are prohibited from becoming Chair of a Regional Council: (1 ) (2) (3) (4) (5) (6) an employee of the municipality or local board; a judge; . a member of the Assembly, or of the Senate or House of Commons; a Crown employee who is employed as a deputy minister; a person who is not a Canadian citizen; or a person who does not either live in the municipality, own or rent land in the municipality, or who is not the spouse or same-sex partner of an owner or tenant in the municipality. 3.1.2 Role of the Regional Chair - Subsection 12(1) of the Existing Act provides that: 'The chair is the head of the Regional Council and is the chief executive officer of the Regional C,orporation." Subsections 14(1) and (2) of the Existirfg Act incorporate a number of provisions of the Municipal Act into the Existing Act, inclúding: the head of council shall preside at all meetings of council; and, subject to the procedure by-law, the head of council may at . any time summon a special meeting. 3.2.0 The New Act 3.2.1 Election of the Regional Chair The process for electing the Chair of Regional Council is not altered by the provisions of the New Act. Note that section 458 provides that: , ¡ \ - 4 Report No.: 2002-CQW-1 Page No.5 OOB #.~<:.~I i - ÓL.- ;:\ C'-' On January 1, 2003, the composition of the council of a municipality, the method of electing or appointing its members, the number of votes given to each member and the titles of its members shall be the same as they were on December 31, 2002. As such, status quo practices are preserved. - 3.2.1(a) Rules Governing Changes to the Composition of Council Despite the foregoing, section 218of the New Act provides that an upper-tier municipality may change the compQsition of its Council subject to the following rules: - 6. 3.2.1(b) 1. There shall be a minimum of five members, one of whom shall be the head of council. . 2. The head of council shall be elected by general vote, in accordance with the Municipal Elections Act, 1996, or shall be appointed by the members of council. 3. The members of council, except the head of council, shall be elected in accordance with the Municipal Elections Act, 1996 to the upper-tier . council or to the council of one of its lower-tier municipalities. i I \ , 4. The head of council shall be qualified to be elected as a member of council of the upper-tier municipality. 5. If the members of council are directly elected to the upper-tier council and not to the council of a lower-tier municipality, the members shall be elected by general vote or wards or by any combination of general vote and wards. Each lower-tier municipality shall be represented on the upper-tier council. Process to Chanqe the Composition of Council The New Act requires that the process set out below be followed in o"rder to make changes to the composition of a regional council. Section l Enacting the By-law .---..-------- Regional Council passes a resolution requesting the Lieutenant Governor in Council make a regulation authorizing - 218(7) t_-_. 5 Report No.: 2002-COW-1 ATTACHf"1E¡'\!l#_.._.L.".' REPeNT#: c:¿ 1$' 6L.- Page No.6 :010 I. the regional municipality to exercise powers granted to it to change the composition of its council. . - The Minister of Municipal Affairs and Housing receives the resolution from the regional municipality requesting the Lieuténant Governor in Council make a regulation authorizing the regional municipality to exercise powers granted to it to change the composi~ion of its council. The Lieutenant Governor in Council makes a regulation authorizing the regional municipalíty to exercise its P9wers to make changes 218(7) 218(5),(6) - The regional municipality drafts a by-law to exercise its powers to change the composition of regional council pursuant to the I provisions of the regulation and subject to the rules set out in subsection 218(1). . - . ! The regional municipality gives notice of its intention to pass a I by-law under section 218, and holds at least one public meeting to consider the matter. ¡ ¡--- I The By-law must pass by a triple majority (Le. majority at i Regional Council; majority of lower-tier council's consent to i change; number of electors in those consenting form a I majority of all ejectors in the upper-tier). I . r--.. ! Commencement of the By-law f----- i The by-law comes into force at one of the following two times: ! I (a) the day the new council is organized following the first regular ¡ election after the passing of the by-law; or I i ' I (b) where the by-law is passed in the year of a regular election, I the by-law will come into force after the second regular. . I_.:~~~i~~following the passing of the by-law. I ! The regular election held immediately before the by-Jaw comes I into force, shall be conducted as if the by-law was already in If . I orce. 218(1 ) 219(1 ) 219(2) i .......----....-----.....-- ~. 6 - 219(3) 219(4) ¡ J Report No.: 2002-CQW-1 Page No.7 ATTACHMEN.r if: I °(1 (L 19 - ð '- 3.2.2 Election of the Regional Chair Under the New Act a number of mandated provisions are in place regarding the election of the Regional Chair (a.k.a.head of council). Section 233 of the New Act provides for the following: - (4) (1 ) the head of council shall be appointed at the first meeting at-council of the upper-tier municipality [so 233(1 ),(2)]; (2) no other business shall be conducted ala council meeting until the head of council is appointed [so 233(2)]; (3) even though a member of council may have more than one vote in other circumstances, the member only has one vote in the appointment of the head of council [so 233(4)]; and, the head of council may be appointed by secret ballot [so 233(5)]. The New Act prohibits weighted voting in the election of the head of council. The use of . weighted voting to elect the head of council will require a legislative amendment. 3.2.3 Role of the Regional Chair '. The New Act does not use the term chair, but instead refers to a "head of council". However, recall that section 458 of the New Act preserves the existing (Le. pre- Jan. 1, 2003) titles of members of council. - Section 225 of the New Act provides as follows: It is the role of the head of council, (a) (b) (c) (d) (e) - to act as chief executive officer of the municipality; to preside over council meetings; to provide leadership to the council; to represent the municipality at official functions; and to carry out the duties of the head of council under this or any other Act. c - - .7 ...,...,., .. , i Report No.: 2002-COW-1 Page No.8 ; 012 4.0 I ATTACHMENT # -.!...,.~. QUESTIONS TO THE ELECTORS CLIJ-o"'l.- The Municipal Elections Act, S.O. 1996, c.32 ("MEA"), permits a regional municipality to pose a question to its electorate. MEA provides that a vote on a question submitted to the eJectors shall be combined with the next regular election, unless the municipality provides that the vote shall be held at another time [so 4(2)]. - Subsection 8(1) of MEA provides the council of a municipality with authority to pass a by-law to submit a question regarding the following matters to th~ electorate: (a) (b) (c) a proposed by-law requiring their assent; a question not otherwise authorized by law but within the council's jurisdiction; a question, the wording of which is established by an Act or a regulation under an Act. MEA also sets out the rules regarding the types of questions that a council may submit to its electorate under clause 8( 1 )(b). Subsection 8.1 (2) sets out the following rules regarding the question: 1. 2. -. 3. 4. It shall concern a matter within the jurisdiction of the municipality. Despite rule 1. it shall not concern a matter which has been prescribed by the Minister as a matter of provincial interest. It shall be clear, concise and neutral. It shall be capable of being answered in the affirmative or the negative and the only permitted answers to the question are "yes" or "no". When an upper-tier municipality acts urrder subsection 8(1), its clerk shall transmit to the clerk who is responsible for conducting the election a copy of the by-law and the proposed by-law or question [8(4)]. Note that the local municipality shall be reimbursed . for reasonable costs incurred in putting the question to the electorate [7(3) and 8(7)]. MEA prescribes the process for putting questions before the electorate, including but not limited to; . (a) giving at least 10 days notice to the public and the Minister of the intention , to pass a by-law under clause 8(1)(b) or (c), and hqlding at least one public meeting to consider the matter [s.8.1 (3)]; - 8 Report No.: 2002-COW-1 Page No.9 (b) let. I ¿? - Ol.- passing the by-law to submit a question to the electors under clause 8(1 )(b) or (c) at least 180 ~ays before voting day in the eJection at which it is intended to submit the question to the electors; and, within 15 days after a municipality passes a by-law under clause 8(1 )(b) or (c), the clerk shall give notice of the passage of the by-law to the public and the Minister. 0.13 ( (c) -. 5.0 DOCUMENTATION REVIEWED BY AD HOC COMMITTEE The Ad Hoc Committee had for its consideration documentation from Professor Fowler and from Dufferin (as requested by Professor Sancton). This material was perused and summarized by staff. A inemorandumdated April 9, 2002 is appended to this report as Attachment #1. Tbis attachment summarizes the information regarding the Election of the Regional Chair from the Regions of Niagara, Halton, Waterloo and Durham Region. It also highlights the advantages and disadvantages outlined in the documentation provided by these municipalities. 6.0 THE OPTIONS SUGGESTED BY THE AD HOC COMMITTEE ONTHE ELECTION OF THÊ REGIONAL CHAIR - ADVANTAGES AND DISADV ANT AG~ROS & COtiID The following pros and cons are noted, as it relates to Options chosen by the Ad Hoc Committee: Note: many of these are the same as outlined in the research documentation and previously identified in the summary sent to the Ad Hoc Committee members earlier. There are other points that pertain more specifically to Durham Region. Option 1: The appointment of the Regional Chair by the members of Regional Council with the position open to all electors of the Region of Durham (Should the Chair selected be a member of a lower tier municipality he/she would resign) -. *** It should be noted there is a 1998 Council resolution as referred to in Section 2 of this Report. PROS . Grounded in tradition. This is an important factor in retaining this option. It has been successful in the past and is currently the legislated method of electing the Chair. No amendment is required to the current legislation or, after January 1, 2003, the new Municipal Act. i \ 9 - Report No.: 2002-COW-1 Page No.1 0 0:14 ( 1;' f.>Y., ...,~" " ¿ t. / c... .....,.." "r.:r'\..lh,' it U 0 L . Fellow councillors, many of whom will have wòrkáa'withthe Chairperson for several years, select the Chair. the Councillors will have had the opportunity to assess the candidate's abilities - to work with others, accomplish goals and ability to lead. Members of the public would have difficulty in assessing a candidate's capability because of the lack of opportunity to observe the daily work . The freedom to choose any citizen of Durham provides the largest pool of potential candidates, thereby increasing the likelihood of appointing the most highly qualified person . Choosing an outside candidate avoids resignations and by-elections . Candidates from smaller municipalities will have greater opportunity for being selected Chair than if they were required to run in a region-wide election . A Chair selected in this manne~ will have the support and confidence of the majority of council . There are no costs for campaigning - since Regional Council members will select their Chair, candidates need only ensure that those members are aware of their experience, expertise etc. . Emphasizes the notion of the Region as a federation, encouraging a consensus building approach to governance . Enhances the Chair's role as an arbiter of conflicting demands . Provides that Council, rather than the Chair governs the Region - - CONS . May be seen as having less democratic accountability since such an important position can be held by someone not elected to any office by the electors . The Chair can become "hostage" to those who select him/her . The Chair should be a stronger figure than someone who encourages and promotes co-ordination and consensus ' . The Chair may be perceived as a very significant position and it requires a clear and strong mandate Option 2: The appointment of the ,Regional Chair by members of Regional Council with the position open only to the members of the Regional Council. (The memberwould retain their elected position as well as that 'of Regional Chair) ~, PROS . Fellow councillors, many of whom will have worked with the Chairperson for several years, select the chair. The Councillors will have had the opportunity to assess the candidate's abilities - to work with others, accomplish goals and ability to lead. Members of the public would have difficulty in assessing a candidate's capability because of the lack of opportunity to observe the daily work 1 0 - Report No.: 2002-COW-1 Page No. 11 dF',.~..t~j(J.¡.. ...l.. .re ¡'\EPOPJ ;4. ~~r::./ $~" 0 L-- - . Having the Chair retaining his/her elected position avoids resignations and by~ elections - . . Candidates from smaller municipalities will have greater opportunity for being selected Chair than iflhey were required to run in a region-wide election . A chair selected in this manner will have the support and confidence of the majority of council . There are no costs for campaigning - since Regional Council members will select their Chair, candid~tes will be known to fellow.councillors . Emphasizes the notion of the Region as a federation, encouraging a consensus building approach to governance . Provides that Council, rather than the Chair governs the Region CONS . This would require an amendment to the current legislation or, after January 1, 2003, could be accomplished. under the new Municipal Act by by-law provided the process for change set out under 3.2.1 (b) is followed . If passed under the new legislation, Regional Council would be making a far- reaching decision that would not even affect the current Council, since such a change could not be enacted until the 2006 election . As currently worded the option would allow the Mayor of a municipality to also assume the role of Regional Chair. This could lead to serious conflicts. The Mayor is the top elected official of his/her local council and its major spokesperson and advocate. Therefore, as the head of two councils he/she may frequently be in a conflict of interest position. . The job of serving on a local council and chairing regional council would be an onerous one . Well-qualified electors would be prohibited from serving as Regional Chair, with the potential loss of significant expertise ..... I Option 3: The Regional Chair be elected by the voters of the Region of Durham I PROS , . Enhances accountability to the public, since they elect Regional Chair . Enhances the credibility of the Chair and gives a strong mandateto lead Regional Council . Ensures the Chair is independent, and not "held hostage" to Council . Makes the system easier to understand, Chair's position resembles that of a Mayor . 11 - 015 (~ ( '-.. «- .016 - .-.. - Report No.: 2002-COW-1 Page No. 12 ! REPORT # c:. t. I tf --- (; 1- - CONS . This would. require an amendment to the current legislation or, after January 1, 2003, could be accomplished under the new Municipal Act by by-law provided the process for change set out under 3.2.1 (b) is followed. . Research has indicated that success in being elected is directly related to the cost of the campaign. Thus excellent candidates may be excluded from running in such an election . . The geographic area of Durham Region is a very large one, and this poses difficulties for candidates to visit all parts of the Region during the campaign to enhance visibility, etc. . . . Candidates from a more populous municipality will have an advantage over those from less populated areas . There is the possibility of party politics entering the local government level Procedural Option (i): The appointment of the Regional Chair by the members of Regional Council at the end of the term of Council (This would apply only to Option 1) PROS . Since the Chair would already be selected, there would be nb need to seek election to a local council. Therefore, there would be no resignation or by- election required, along with the related expenses to the municipality. CONS 0 An amendment would be required to current legislation or, after January 1, 2003, the new Muhicipal Act. 0 It would appear that such an amendment would not likely be viewed with favour by the Province. . Decisions regarding the Head of ~n incoming Regional Council would be made by the outgoing council. Thus the Chair may not enjoy the same level of support and confidence of Council, as is the case with the current process. 1 2 Report No.: 2002-COW-1 Page No. 13 ,L\rrJ\CJH¡H:N ~ i ! ;.() HEPaRf #;~!:.J fl- Ú L 0 .1 7 .(- Procedural Option (ii): Voting should be weighted to reflect assessment (This would apply only to Options 1 and 2) - PROS . Weighted voting may more accurately refleèt a municipality's current value assessment CONS . This would require an amendment to current legislation or, after January 1, 2003, the new Municipal Act. - . This would introduce inconsistency in voting methodology. It would result in having one pattern of voting for the appointment of Regional Chair while all other Regional Council decisions are made on the basis of one vote per member. . The calculation of votes would be complex . It would reduce the voting impact of our three smallest and our largest municipalities Procedural Option (iii): The appointment of the Regional Chair be conducted by secret ballot (This would apply only to Options 1 and 2) ¡a. PROS . This option i$ permitted in the new Municipal Act . This would allow people to vote according to their conscience without having to publicly declare their position . This would reflect the process of directly electing the Chair by general vote . CONS . Some may consider that this is not as open and .transparent as the current process .1 3 ...,......... - Report No.: 2002-CQW-1 Page No. 14 ..{118 I.'. :. ;. ATTACH i'l¡ fJ\r"¡ ( ¿¿ /5- °"L Procedural Option (iv): The eight local Municipalities be requested to include a question on the ballots for the 2003 municipal election regarding the direct election of the Regional Chair (This could apply to all Options) - Refer to Section 4 as it relates to the process to be followed. PROS . . This would allow the public to decide whether the current process should be changed CONS . . There may be confusion around Regional Government. Some explanatory material around local/Regional government would likely be needed, including role of Regional Chair . Questions may arise as to why, if we directly elect the Regional Chair, we would not also directly elect Regional Councillors at large 7.0 CONCLUSION The issue of the election of the Regional Chair has been reviewed by the Ad Hoc Committee and the following optior]s are put forward for information. An opportunity for review and comment by the Area Municipalities will be given in accordance with the resolution of Regional Council on March 6, 2002. A date of June 18, 2002 will be given as the response date for the Area Municipalities. - After the responses from the Area Municipalities are received, the Ad Hoc Committee on the Election of the Regional Chair wi I} meet again on June 26, 2002. Subsequently, the Committee of the Whole will meet on July 10th in order to hear any public comments and receive written submissions on this issue. The final recommendations will be placed before Regional Council that same day. In summary, the following options are provided for comment as it relates to the process to be followed for the eJection of the Regional Chair: ( 1 4 - I #. é¿ F- 01...- Page No. 15 019 ,r:c; (. Report No.: 2002-COW-1 OPTIONS PRESENTED BY THE AD. HOC COMMITTEE ON THE ELECTION OF THE REGIONAL CHAIR Option 1 . THAT the Regional Chair be appointed by the elected membèrs of Regional Council with the position open to all electors of the Region of Durham (Should the Chair selected be a member of a lower tier municipa.lity he/she would resign) .-. No amendment is required to the current legislation or, after January 1, 2003, the new Municipal Act.. *** It should be noted there is a 1998 Council resolution as referred to if) Section 2 of this Report. Option 2 - THAT the Regional Chair be appointed by the elected members of Regional Council with the position open only to the elected members of Regional Council (the elected member would retain their elected pos~tion as well as that of Regional Chair) This would require an amendment to the current legislation or, after January 1, 2003, could be accomplished under the new Municipal Act by by-law provided the process for change set out under 3.2.1 (b) is followed. . Option 3 . THA T the Regional Chair be elected by the voters of the Region of Durham """'" This would require an amendment to thE: current legislation or, after January 1, 2003, Gould be accomplished under the new Municipal Act by by-Jaw provided the process for change set out under 3.2. 1 (b) is followed. Procødural Option (i) - THAT the appointment of the Regional Chair be completed at the end of a term of Council (This would apply only to Option 1) An amendment would be required to current legislation or, after January 1, 2003, the new Municipal Act. l '.. /1 5 - Report No.: 2002-COW-1 Page No. '16 020 I CL (f~ 0'2- Procedural Option (ii). THAT the appointment be based on a weighted vote by assessment (This would apply only to Options 1 and 2) An amendment would be required to current legislation or, after January 1, 2003, the new Municipal Act. -- Procedural Option (iii) . THAT the appointme~t of the Region~1 Chair be conducted by secret ballot (This would apply only to Options 1 and 2) This option is permitted in the new Municipal Act. Procedural Option (iv) - THAT the eight Local Municipalities be requested to include a question on the ballots for the 2003 municipal election regarding the direct election of the Regional Chair (This could apply to all Options) Refer to Section 4 as it relates to the process to be followed. - .1 Councillor Moffatt, Chair Ad Hoc Committee on the Election of the Regional Chair. Attachment \\FSHQOOO1\APPS\GROUPS\CLERKS\CO8 - Elect Reg Chair\StaffReport.doc j \ \. 16 - 1"'1 A 'l "2 3 - .- - FR CLERKS DEPT 905 888 9963 TO PICKERING i\TTACH!"¡EN'¡' Att.a:htaIt 11 ! TO REPORT#r CL . I f- ó '2- To: Regiona,'CQuncillors: T. Clayton, J. Drumm, J. Gray, M. Hofland. 0, Moffatt, J. Mutton, S. Parisht $, Para Staff: D. Bentley, G. Cubitt, P. Madill, B, Roy From: Pauline Reid Date: April 9, 2002 Re: InformatioJ:t re; Election of Regional Chair - .. Please find attached material that has been received from Professor Fowler and from Dufferin (as requested by Professor Sancton). I have prepared extracts of the relevant material and summarized theínformation contained in the various documents as follows: Niagara Recommendations from 1989 were: . Regional Chairperson should be selected by a vote of regional councillors at the first meeting after each municipal election . The ejection of the regional Chairperson should take place in an open council meeting, but the method of voting should be by secret ballot . Only regional councillors elected at the most recent election should be eligible for election as Regional Chairperson . The councilor who is elected Regional Chairperson should not resign from his or her seat while serving a~ Regional Chairperson, .. The Regional Chairperson sliould vote on all matters before Regional Council ,. Mayors should not be eligible for selection as Regional Chairperson Rationale is provided for each of the above recommendations. However, it should be noted that the current procedure for Niagara is that while bullets one and three were adopted (in bold type above), the Regional Chair does resign hlsfher seat on a lower tier council. P.03/0E; APRIl '02 ArllQ: 021 ( .". ( , ~ "-' MAY~23 2002 15:44 FR CLERKS DEPT 905 5S8 99S3 TO PICKERING P.04/0f3 022 f.t .._.L:... TO REPORT # c: L I a' ~ 0 '-- - Halton - The extract discusses the merits and. disadvantages of election of the Chair by Regional Councillors and also by direct election. The recommendation (subsequently adopted by Halton and approved by.the province) was: . The Chair should be elected directly by general vote of the electors of the Region. Waterloo The extract attached is from a long paper conside.ring reform in both governance and service delivery in Waterloo. This 1996 report recommended (subsequently adopted by Region of Waterloo and approved by the Province) that: . The Chair should be elected directly by general vote of th~ electors of the Region. Durham Region - The research material provided to us does not advance us greatly in the two options that are currently being developed as the committee's recommendations to Regional Council. However, some of the rationale that was used to support and reject positions (including those not eventually ret;ommended) can be used. The following advantages and disadvantages listed have been culled from the accompanying material. Others relevant to our particular situation may be developed for the report to Council. Option A: The appointment of the Regional Chair by the members of Regional Council with the position open to aU eJectors of the Region of Durh~m Region (Should the Chair selected be a member of a lower tier municipality he/she would resign Advantages . Fellow councillors, many of whpm will have worked with the Chairperson for several years, select the cpair. The Councillors will have had the opportunity to assess the candidate's abilities - to work with others, accomplish goals and ability to lead, Members of the public would have difficulty in assessing a candipata's capability because of the lack of opportunity to observe the daily work. . The freedom to choose any citizen of Durham provides the largest pool of . potential candidates, thereby increasing the likelihood of appointing the most highly qualified person. . Choosing an outside candidate avoids resignations and by.elecUons . Candidates from smaller municipalities will have greater opportunity for being selected Chair than if they were required to run In a region.wide election . - 1 R MAY'23 2002 15:45 FR CLERKS DEPT 905 S68 99S3 TO PICKERING REPORT # £.L.l g - () L- ..... . A chair selected in this manner will have the support and confidence of the majority of council . . Costs for campaigning are kept to a minimum . Emphasizes the notion of the Region as a federation, encouraging a consensus building approach to governance . Grounded in tradition . Enhances the Chair's role as an arbiter of conflicting demands . Provides that Council. rather than the Chair governs the Region Disadvantages . Lack of democratic accountability since suc~ an important position can be held by someone not elected to any office by the electors . The Chair can become "hostage.' to those who select him/her . The Chair should be a stronger figure than someone who encourages and promotes co-ordination and consensus . . The Chair is a superior position and it requires a superior mandate Option C: The appointment of the Regional Chair by members of Regional Council with the position open only to the members of the Regional Council. (The member would retain their elected position as well as that of Regional Chair) ~ Advantages . Many of the advantages outlined above still apply since members of Regional Council would elect the Chair. . The second bullet from the "advantages" list is no longer applicable . The first disadvantage is also removed . It would seem that no other distinct advantages can be discerned from the current literature review Disadvantages . As currently worded the option would allow the Mayor of a municipality to also assume the role of Regional Chair. This is perceived as a disadvantage by Niagara, Halton and Waterloo albeit for different reasons. . The job of seNing on local and regional council would be an onerous one. Option F: The appointment of the Regional Chair by the members of ,Regiònal Council at the end of the term of Council . . This option was not discussed in any of the papers included hete. . Legal opinion suggests that such a procedure would not be in compliance with the current act and would contravene section 233(1). (2) of the new Municipal Act ("If the term of office of an appointed head of council of an upper-tier municipality is the same as the term of council, the.council of - 1 0 P.05/06 f)?3 ,r' " C.'~ ( ,¡' J~Y' 323 2002 15: 45 FR CLERKS DEPT 905 888 9983 TO PICKERING it CL 18"0'2- "-""."..- P.05/øl:; -- - JtI//IIIIo. f)?4 ( the upper..tier municipality shall, In the first year of its term, appoint the head of council at its first meeting.") Option G: Voting should be weighted to reflect asse$sment . This option was also not discussed In any of the papers. Any reference made to an alteration to one vote/one councfllor was in general terms, not in relation to the votìng of a Chairperson. 00 . Legar opinion arso suggests that this option would probably need two amendments to the Act before it could become regulation. I trust this information is of assistance. Yours truly, Pauline Reid t' ?n - -. - 001 RECOMMENDA TION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY 1. That the letter ftom the Clerk of the Regional Municipality of Durham advising of the resolution passed by the Regional Council on May 8, 2002 to receive the Report of the Ad Hoc Committee on the Election of the Regional Chair and forward it to the area municipalities for comment be received. 2. That the Council of the City of Pickering hereby advises the Council of the Region of Durham that it supports Option (1, 2 or 3) and Procedurà1 Option (i, ü, ill or iv).